BILL NUMBER: SB 1775	CHAPTERED  09/05/00

	CHAPTER   306
	FILED WITH SECRETARY OF STATE   SEPTEMBER 5, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 1, 2000
	PASSED THE SENATE   AUGUST 22, 2000
	PASSED THE ASSEMBLY   AUGUST 18, 2000
	AMENDED IN ASSEMBLY   AUGUST 7, 2000
	AMENDED IN ASSEMBLY   JULY 5, 2000
	AMENDED IN ASSEMBLY   JUNE 15, 2000
	AMENDED IN SENATE   MARCH 27, 2000

INTRODUCED BY   Senator Johannessen
   (Coauthors:  Senators Chesbro and Leslie)

                        FEBRUARY 23, 2000

   An act to amend Sections 1228.1, 1228.2, 1228.3, 1228.5, 1228.8,
and 1228.9 of, and to amend the heading of Article 2.7 (commencing
with Section 1228) of Chapter 1 of Part 2 of Division 2 of, the Water
Code, relating to water.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1775, Johannessen.  Stockponds.
   Existing law provides for the appropriation of water by filing an
application with the State Water Resources Control Board.  Existing
law provides that the owner of any dam or water impoundment structure
constructed prior to January 1, 1969, meeting certain requirements,
has a valid water right for the use of water for livestock watering
and other prescribed purposes, if that person files a claim of water
right with the state board not later than December 31, 1997.
   This bill would authorize any person to obtain a right to
appropriate water for a livestock stockpond use, as defined, upon
registering the use with the board, as prescribed, payment of a
registration fee of $100, and application of the water to reasonable
and beneficial use with due diligence.  The bill would provide a
procedure for protesting the approval of a registration.  The bill
would allow a registrant to maintain more than one registration if
stockponds subject to registration do not exceed the ratio of one per
50 acres.  The bill would provide for the renewal of the
registration prior to the expiration of each 5-year period following
completed registration.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The heading of Article 2.7 (commencing with Section
1228) of Chapter 1 of Part 2 of Division 2 of the Water Code is
amended to read:

      Article 2.7.  Registration of Appropriations for Small Domestic
and Livestock Stockpond Uses

  SEC. 2.  Section 1228.1 of the Water Code is amended to read:
   1228.1.  (a) The Legislature finds and declares that it is in the
public interest to provide a timely, efficient, and economic
procedure for the acquisition of rights to appropriate water for a
small domestic use, including incidental stockwatering and irrigation
uses, and for livestock stockponds subject to prior rights.
   (b) As used in this article, "small domestic use" means a domestic
use, not to exceed direct diversion of 4500 gallons per day or
diversion by storage of 10 acre-feet per annum, as that use is
defined by board rule, and shall include impoundment for incidental
aesthetic, recreational, or fish and wildlife purposes.
   (c) As used in this article, "livestock stockpond" means a water
impoundment structure constructed for livestock watering use not to
exceed direct diversion of 4500 gallons per day, or diversion by
storage of 10 acre-feet per year, as that use is defined by the
board, and including impoundment for incidental aesthetic,
recreational, or fish and wildlife purposes.
  SEC. 3.  Section 1228.2 of the Water Code is amended to read:
   1228.2.  (a) (1) Subject to subdivision (b), any person may obtain
a right to appropriate water for a small domestic or livestock
stockpond use upon first registering the use with the board and
thereafter applying the water to reasonable and beneficial use with
due diligence.
   (2) With regard to an appropriation for small domestic use, not
more than one registration shall be in effect at any time for any
facility.
   (3) With regard to an appropriation for livestock stockpond use,
more than one registration may be in effect at any time for a
registrant if stockponds subject to registration for that registrant
do not exceed the ratio of one per 50 acres.
   (b) Initiation of rights to appropriate water pursuant to this
article shall be subject to Article 1.3 (commencing with Section
1205), relating to fully appropriated stream systems.  The board
shall not accept any registration of water use which proposes as a
source of water supply any stream system which has been
unconditionally declared by the board to be fully appropriated
pursuant to Section 1205, except that subdivision (b) of Section
1206, relating to conditional declarations of fully appropriated
stream systems, shall apply to registration of water use pursuant to
this article, and the board shall accept those registrations where
consistent with the conditions specified in any such declaration.
   (c) On or before June 30, 1989, and annually thereafter, the
Division of Water Rights shall prepare and submit to the board a
report summarizing the location, nature, and amount of water
appropriated pursuant to this article.  The report shall include a
description of the availability of unappropriated water in those
stream systems which may become fully appropriated within the next
reporting period.
   (d) Whenever it can be reasonably anticipated that a stream system
may become fully appropriated within the next reporting period, the
board shall, following notice and hearing, determine whether that
stream system should be declared fully appropriated pursuant to
Article 1.3 (commencing with Section 1205).
  SEC. 3.5.  Section 1228.3 of the Water Code is amended to read:
   1228.3.  (a) Registration of water use pursuant to this article
shall be made upon a form prescribed by the board.  The registration
form shall set forth all of the following:
   (1) The name and post office address of the registrant.
   (2) The source of water supply.
   (3) The nature and amount of the proposed use.
   (4) The proposed place of diversion.
   (5) The place where it is intended to use the water.
   (6) The time for completion of construction of diversion works and
for complete application of the water to the proposed use.
   (7) A certification that the registrant has contacted a
representative of the Department of Fish and Game designated by that
department for that purpose, has provided information to that
department which is set forth in the registration form, and has
agreed to comply with all lawful conditions, including, but not
limited to, conditions upon the construction and operation of
diversion works, required by the Department of Fish and Game.  The
certification shall include a copy of any conditions required by the
Department of Fish and Game pursuant to this paragraph.
   (8) Any other information that may reasonably be required by the
board.
   (b) Registration of water use shall be deemed completed on the
date that the form, executed in substantial compliance with the
requirements of this section, and the registration fee specified in
subdivision (a) of Section 1228.8 are received by the board.
   (c) The board shall issue monthly a list of registrations filed
under this article during the preceding calendar month.  This list
shall contain the information required by paragraphs (1) to (6),
inclusive, of subdivision (a).  The list shall set forth a date prior
to which any interested person may file a written protest in
opposition to the approval of a stockpond registration.  That date
shall be not later than 30 days from the date on which the list is
issued.  The board shall mail the monthly list of registrations filed
to any person who so requests.
   (d) Prior to the date set forth on the list required under
subdivision (c), any interested person may file with the board a
written protest in opposition to the approval of a stockpond
registration.  The protest shall clearly set forth the protestant's
objections to the registered use based on interference with prior
rights.  The protest shall be served on the registrant by the
protestant by mailing a duplicate copy of the protest to the
registrant, or through service undertaken in another manner
determined to be adequate by the board.  The procedures set forth in
Article 1.5 (commencing with Section 1345) of Chapter 5 shall be used
for reviewing a protested registration.
  SEC. 4.  Section 1228.5 of the Water Code is amended to read:
   1228.5.  (a) Registration of a small domestic or livestock
stockpond use pursuant to this article shall be renewed prior to the
expiration of each five-year period following completed registration.

   (b) Renewal of registration shall be made upon a form prescribed
by the board and shall contain such report of water use made pursuant
to the registration as may be required by the board.
   (c) The conditions established by the board pursuant to Section
1228.6 which are in effect at the time of renewal of registration
shall supersede the conditions which were applicable to the original
completed registration.
   (d) Failure to renew registration in substantial compliance with
the reporting requirements prescribed by the board within the time
period specified in subdivision (a), or to pay the renewal fee
specified in subdivision (b) of Section 1228.8, shall result by
operation of law in the revocation of any right acquired pursuant to
this article.
  SEC. 5.  Section 1228.8 of the Water Code is amended to read:
   1228.8.  (a) Every person registering a small domestic or
livestock stockpond use of water shall pay to the board a
registration fee of one hundred dollars ($100).
   (b) Every person renewing registration of a small domestic or
livestock stockpond use of water shall pay to the board a renewal fee
of fifty dollars ($50).
  SEC. 6.  Section 1228.9 of the Water Code is amended to read:
   1228.9.  With regard to a small domestic use of water, no right to
appropriate or use water subject to appropriation may be initiated
on and after January 1, 1989, except upon compliance with this
article, and this article shall be the exclusive means of acquiring
and maintaining that right.  Nothing in this article shall be
construed as affecting any right initiated or acquired pursuant to
permit or evidenced by license, and including any application filed
but not permitted, prior to January 1, 1989.
